Entrepreneur Magazine – Trademark Bully? Is “entrepreneur” a generic term or a trademark? That question presented itself to San Diego-based…what’s another word for entrepreneur?…Ray Hivoral, founder of the San Diego Entrepreneur Center and San Diego Entrepreneur Day. Mr. Hivoral recently received a cease and desist letter from attorneys representing Entrepreneur Media, Inc. (“EMI”), publishers of Entrepreneur Magazine, demanding that he stop using the word “Entrepreneur” in connection with his services. Can Entrepreneur magazine really stop this entrepreneur? Read on…and yes, I’m already sick of typing “entrepreneur.”
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Keep it Legal Blog
Skechers Photo Copyright Case
July 5, 2013
Skechers Photo Copyright Case When a photo is modified for use in an advertisement, who owns the copyright on the final product? A recent case involving the shoe company Skechers illustrates the value of making sure all contractual provisions are carefully thought out before the advertisement is produced.
Wendy’s Frosty Lawsuit
June 26, 2013
Wendy’s Frosty Lawsuit Wendy’s has kicked off the Summer frozen treat season by suing a competitor for knocking off its famous “Frosty” trademark and trade dress. United Dairy Products, makers of Homemade brand ice cream, have allegedly been selling “Frosty” and “Frosty Malts” in packaging strongly reminiscent of Wendy’s familiar yellow-and-red cups since 2005. Does Wendy’s have a case against their sweet, frozen competitor?
Happy Birthday, You’ve Been Sued
June 20, 2013
Happy Birthday, You’ve Been Sued I’ve found that it often comes as a surprise that somebody owns the rights to the “Happy Birthday” song (its complete name is “Happy Birthday To You.”) The fact that a part of our common cultural heritage – and an element of countless fond memories – is a piece of intellectual property that is under the control of a multinational corporation, Warner/Chappell, the publishing arm of the Warner Music Group, can seem like one of the more absurd twists of IP law. Nonetheless, Warner claims to own the rights, and it generates annual licensing fees…
